Gerald v. Bank of America , 10 F. App'x 76 ( 2001 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-2332
JEREMY GERALD,
Plaintiff - Appellant,
versus
BANK OF AMERICA,
Defendant - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Benson E. Legg, District Judge. (CA-00-
1896-L)
Submitted: March 22, 2001 Decided: March 27, 2001
Before WILKINS, LUTTIG, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jeremy Gerald, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Jeremy Gerald seeks to appeal the district court’s order dis-
missing his 42 U.S.C.A. § 1983 (West Supp. 2000) complaint as
frivolous pursuant to 28 U.S.C.A. § 1915(e) (West Supp. 2000). We
dismiss the appeal for lack of jurisdiction because Gerald’s notice
of appeal was not timely filed.
Parties are accorded thirty days after entry of the district
court’s final judgment or order to note an appeal, see Fed. R. App.
P. 4(a)(1), unless the district court extends the appeal period
under Fed. R. App. P. 4(a)(5), or reopens the appeal period under
Fed. R. App. P. 4(a)(6). This appeal period is “mandatory and
jurisdictional.” Browder v. Director, Dep’t of Corr., 434 U.S.
257, 264 (1978) (quoting United States v. Robinson, 361 U.S. 220,
229 (1960)).
The district court’s order was entered on the docket on July
6, 2000. Gerald’s notice of appeal was filed on October 10, 2000.
Because Gerald failed to file a timely notice of appeal or to ob-
tain an extension or reopening of the appeal period, we dismiss the
appeal. We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
DISMISSED
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